Judge: Daniel S. Murphy, Case: 23STCV25266, Date: 2024-08-21 Tentative Ruling

Case Number: 23STCV25266    Hearing Date: August 21, 2024    Dept: 32

BACKGROUND

            On October 17, 2023, Plaintiff Tammi Mertens filed this action against Defendant FCA US LLC for breach of warranties and violations of the Song-Beverly Act.

            On June 7, 2024, the Court granted Plaintiff’s motion to compel further responses to Request for Production. The Court ordered Defendant to produce further responses to RFP Nos. 16-21 and to produce responsive documents within 10 days. The Court held that objections were stricken and waived.

            On July 12, 2024, Plaintiff filed the instant motion to compel compliance with the Court’s June 7, 2024 order. Defendant has not filed an opposition.

LEGAL STANDARD

“[I]f a party fails to obey an order compelling further response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of, or in addition to, that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).” (Code Civ. Proc., § 2031.310(i).)

DISCUSSION

            Plaintiff served notice of the Court’s order on June 20, 2024. (Lee Decl. ¶ 9.) To date, Defendant has not provided further responses as ordered. (Id., ¶ 10.) Thus, an order compelling compliance is warranted.

            Although sanctions would have been warranted, Plaintiff failed to include a request for sanctions in her notice of motion with the required details. (See Code Civ. Proc., § 2023.040 [“A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought”].) Therefore, sanctions are denied.

CONCLUSION

            Plaintiff’s motion to compel compliance is GRANTED. Defendant shall produce further responses and responsive documents to RFP Nos. 16-21, without objection, within 10 days of this order. Sanctions are denied.